[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37753-37755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12291]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Rules 
and Regulations  

[[Page 37753]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Parts 2634 and 2635

RIN 3209-AA68


Executive Branch Financial Disclosure and Standards of Ethical 
Conduct Regulations

AGENCY: Office of Government Ethics.

ACTION: Final rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: The U.S. Office of Government Ethics (OGE) is updating its 
executive branch regulation on financial disclosure to reflect the 
retroactive statutory increase of the reporting thresholds for gifts 
and travel reimbursements. OGE is also updating the executive 
branchwide standards of ethical conduct regulation to raise the widely 
attended gatherings nonsponsor gifts exception dollar ceiling tied to 
these thresholds. This change is not retroactive.

DATES: 
    Effective date: This final rule is effective June 9, 2023.
    Applicability date: The amendments to 5 CFR 2634.304 and 2634.907 
are applicable as of January 1, 2023.

FOR FURTHER INFORMATION CONTACT: Christie Chung, Assistant Counsel, or 
Melba Melton, Assistant Counsel; Telephone: 202-482-9300.

SUPPLEMENTARY INFORMATION: 

I. Background

    The U.S. Office of Government Ethics (OGE) is amending pertinent 
sections of its executive branchwide ethics regulations on financial 
disclosure and standards of ethical conduct, as codified at 5 CFR parts 
2634 and 2635, in order to update the thresholds for gifts and travel 
reimbursements, as well as the widely attended gatherings nonsponsor 
gifts exception dollar ceiling.

Increased Gifts and Travel Reimbursements Reporting Thresholds

    First, OGE is revising its executive branch financial disclosure 
regulation at 5 CFR part 2634 to reflect the increased reporting 
thresholds for gifts, reimbursements, and travel expenses for both the 
public and confidential executive branch financial disclosure systems. 
The increased thresholds are applicable as of January 1, 2023. These 
increases conform to the statutorily mandated public disclosure 
reporting thresholds under the Ethics in Government Act as amended, 5 
U.S.C. 13104(a)(2)(A) and (B), (Ethics Act) and are extended to 
confidential disclosure reporting by OGE's regulation. Under the Ethics 
Act, the gifts and travel reimbursements reporting thresholds are tied 
to the dollar amount for the ``minimal value'' threshold for foreign 
gifts as the General Services Administration (GSA) periodically 
redefines it.
    GSA raised the ``minimal value'' amount under the Foreign Gifts and 
Decorations Act, 5 U.S.C. 7342, to $480 for the three-year period 2023-
2025 (from the prior level of $415) in a March 6, 2023, Federal 
Management Regulation Bulletin. See Gen. Servs. Admin., GSA Bull. FMR 
B-52, Foreign Gift and Decoration Minimal Value (2023) (revising 
retroactively to January 1, 2023, the foreign gifts minimal value 
definition as codified at 41 CFR 102-42.10).
    Accordingly, applicable as of that same date, OGE is increasing the 
thresholds for reporting of gifts and travel reimbursements from any 
one source in 5 CFR 2634.304 and 2634.907(g). The thresholds have been 
raised to ``more than $480'' for the gifts and travel reimbursements 
aggregation thresholds and ``$192 or less'' for the de minimis 
exception for gifts and travel reimbursements that do not have to be 
aggregated. As noted, these regulatory increases implement the 
underlying statutory increases effective January 1, 2023. OGE is also 
updating the examples following those sections, including appropriate 
adjustments to gift values.
    OGE will continue to adjust the gifts and travel reimbursements 
reporting thresholds in its part 2634 regulation in the future as 
needed in light of GSA's redefinition of ``minimal value'' every three 
years for foreign gifts purposes. See OGE's prior three-year adjustment 
of those regulatory reporting thresholds, as published at 85 FR 36715 
(June 18, 2020) (for 2020-2022, the aggregate reporting thresholds were 
more than $415, with a $166 or less de minimis exception).

Increased Dollar Ceiling for the Exception for Nonsponsor Gifts of Free 
Attendance at Widely Attended Gatherings

    OGE is also increasing the exception ceiling for nonsponsor gifts 
of free attendance at widely attended gatherings from $415 to $480 in 
the executive branch standards of ethical conduct regulation, as 
codified at 5 CFR 2635.204(g)(3) (and as illustrated in the examples 
following paragraph (g)). This separate regulatory change is effective 
upon publication in the Federal Register, on June 9, 2023. As OGE noted 
in the preambles to the proposed and final rules on such nonsponsor 
gifts, that ceiling is tied to the financial disclosure gifts reporting 
threshold. See 60 FR 31415 (June 15, 1995) and 61 FR 42965 (Aug. 20, 
1996). Thus, OGE is again increasing the nonsponsor gift ceiling to 
match the further increase in the gifts and travel reimbursements 
reporting thresholds described above. The nonsponsor gift ceiling was 
last raised June 2020. See 85 FR 36715 (June 18, 2020). The other 
requirements for acceptance of such nonsponsor gifts, including an 
agency interest determination and expected attendance by more than 100 
persons, remain unchanged.

II. Matters of Regulatory Procedure

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b), as Director of the Office of 
Government Ethics, I find that good cause exists for waiving the 
general notice of proposed rulemaking and public comment procedures as 
to these technical amendments. The notice and comment procedures are 
being waived because these amendments concern matters of agency 
organization, procedure and practice. It is also in the public interest 
that the accurate and up-to-date information be contained in the 
affected sections of OGE's regulations as soon as possible. The 
increase in the reporting thresholds for gifts and reimbursements is 
based on a statutory formula and lessens the reporting burden. 
Therefore,

[[Page 37754]]

that regulatory revision is retroactively applicable as of January 1, 
2023, when the change became effective under the Ethics Act.

Regulatory Flexibility Act

    As the Director of the Office of Government Ethics, I certify under 
the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final 
rule would not have a significant economic impact on a substantial 
number of small entities because it primarily affects current Federal 
executive branch employees.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this regulation does not contain information collection 
requirements that require approval of the Office of Management and 
Budget.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this final rule would not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Congressional Review Act

    The Office of Government Ethics has determined that this amendatory 
rulemaking is a nonmajor rule under the Congressional Review Act (5 
U.S.C. chapter 8) and will submit a report thereon to the U.S. Senate, 
House of Representatives and Government Accountability Office in 
accordance with that law at the same time this rulemaking document is 
sent to the Office of the Federal Register for publication in the 
Federal Register.

Executive Order 13563 and Executive Order 12866

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select the regulatory approaches that 
maximize net benefits (including economic, environmental, public health 
and safety effects, distributive impacts, and equity). Executive Order 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
In promulgating this rulemaking, OGE has adhered to the regulatory 
philosophy and the applicable principles of regulation set forth in 
Executive Orders 12866 and 13563. The rule has not been reviewed by the 
Office of Management and Budget because it is not a significant 
regulatory action for the purposes of Executive Order 12866.

Executive Order 12988

    As Director of the Office of Government Ethics, I have reviewed 
this rule in light of section 3 of Executive Order 12988, Civil Justice 
Reform, and certify that it meets the applicable standards provided 
therein.

List of Subjects

5 CFR Part 2634

    Certificates of divestiture, Conflict of interests, Government 
employees, Penalties, Reporting and recordkeeping requirements, Trusts 
and trustees.

5 CFR Part 2635

    Conflict of interests, Executive branch standards of ethical 
conduct, Government employees.

    Approved: June 5, 2023.
Emory Rounds,
Director, U.S. Office of Government Ethics.

    For the reasons set forth in the preamble, the U.S. Office of 
Government Ethics is amending 5 CFR parts 2634 and 2635 as follows:

PART 2634--EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, 
AND CERTIFICATES OF DIVESTITURE

0
1. The authority citation for part 2634 continues to read as follows:

    Authority: 5 U.S.C. ch. 131; 26 U.S.C. 1043; Pub. L. 101-410, 
104 Stat. 890 (28 U.S.C. 2461 note), as amended by sec. 31001, Pub. 
L. 104-134, 110 Stat. 1321, and sec. 701, Pub. L. 114-74; Pub. L. 
112-105, 126 Stat. 291; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., 
p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., 
p. 306.


0
2. Amend Sec.  2634.304 as follows:
0
a. In paragraphs (a) and (b), remove the dollar amount ``$415'' and add 
in its place ``$480'';
0
b. Designate the note to paragraph (a) as note 1 to paragraph (a) and 
revise the newly designated note;
0
c. In paragraph (d), remove the dollar amount ``$166'' and add in its 
place ``$192'';
0
d. In example 1 following paragraph (d):
0
i. Remove the dollar amount ``$240'' following ``Gift 1-Print'' and add 
in its place ``$280'';
0
ii. Remove the dollar amount ``$185'' following ``Gift 2-Pen and pencil 
set'' and add in its place ``$225''; and
0
iii. Remove the dollar amounts ``$415'' and ``$166'' in the sentences 
following ``Gift 3'' and add in their places ``$480'' and ``$192'', 
respectively; and
0
e. In example 2 following paragraph (d), remove ``2020'' and ``$166'' 
and add in their places ``2023'' and ``$192'', respectively;
0
f. In example 3 following paragraph (d), remove the year ``2020'' and 
add in its place ``2023''; and
0
g. In the example following paragraph (f), remove the dollar amount 
``$450'' and add in its place ``$540''.
    The revision reads as follows:


Sec.  2634.304  Gifts and reimbursements.

    (a) * * *

    Note 1 to paragraph (a): Under the Ethics in Government Act, 5 
U.S.C. 13104(a)(2)(A) and (B), the reporting thresholds for gifts, 
reimbursements, and travel expenses are tied to the dollar amount 
for the ``minimal value'' threshold for foreign gifts established by 
the Foreign Gifts and Decorations Act, 5 U.S.C. 7342(a)(5). The 
General Services Administration (GSA), in consultation with the 
Secretary of State, redefines the value every 3 years. In 2023, the 
amount was set at $480. In paragraph (d) of this section, the Office 
of Government Ethics sets the aggregation exception amount and 
redefines the value every 3 years. In 2023, the amount was set at 
$192. The Office of Government Ethics will update this part in 2026 
and every three years thereafter to reflect the new amounts.

* * * * *

0
3. Amend Sec.  2634.907 as follows:
0
a. In paragraph (g)(1), remove the dollar amount of ``$415'' and add in 
its place ``$480'';
0
b. In paragraph (g)(2), remove the dollar amount ``$166'' and add in 
its place ``$192'';
0
c. Revise the note to paragraph (g)(2); and
0
d. In the example following paragraph (g)(5):
0
i. Remove the dollar amount ``$275'' following ``Gift 3-Cell phone'' 
and add in its place ``$340''; and
0
ii. In the last two sentences, remove the dollar amount of ``$415'' and 
add in its place ``$480'' and remove the dollar amount ``$166'' and add 
in its place ``$192''.
    The revision reads as follows:


Sec.  2634.907  Report contents.

* * * * *
    (g) * * *
    (2) * * *

    Note to paragraph (g)(2):  The Office of Government Ethics sets 
these amounts every 3 years using the same disclosure thresholds as 
those for public financial disclosure filers. In 2023, the reporting 
thresholds were set at $480 and the aggregation threshold was set at 
$192. The Office of Government Ethics

[[Page 37755]]

will update this part in 2026 and every three years thereafter to 
reflect the new amount.

* * * * *

PART 2635--STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
EXECUTIVE BRANCH

0
4. The authority citation for part 2635 continues to read as follows:

    Authority:  5 U.S.C. 7301, 7351, 7353; 5 U.S.C. App. (Ethics in 
Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., 
p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., 
p. 306.


Sec.  2635.204  [Amended]

0
5. In Sec.  2635.204, in paragraph (g)(3)(iv) and examples 1 and 4 to 
paragraph (g), remove the dollar amount ``$415'' and add in its place 
``$480''.

[FR Doc. 2023-12291 Filed 6-8-23; 8:45 am]
BILLING CODE 6345-03-P